Student cosigner suing primary for damage to credit

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shelaic1

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Okay, I'll be fairly detailed, as I don't want anything misunderstood. Two years ago, a friend of mine cosigned for a student loan for me. I am very grateful for that, of course. Now, in October of 2008, I fell 60 days past due, when I had a series of mishaps that put me behind. I felt terrible, and made sure the cosigner was aware. He did not say another word of it after I paid it current in early December 2008.

Now, since then, I have moved and gotten a new number in April 2009, which I did not give to anyone besides family, as I have very limited minutes. I made sure my friend had every email available to him and other ways to contact me, but asked that I not be contacted by phone, as well as him being a good friend to an ex that was extremely abusive to me, and having a history of giving my ex my numbers previously. Now, this past month, my email statement from my loan came from a new email, and it went to spam. I claim full responsibility for this, of course, as I forgot entirely about the loan payment, and used the money on another loan to pay it down. I get paid bimonthly, so I have to wait til the 15th to pay it current. so total, the account is 15 days behind, the loan company assured me no credit reporting would happen until 30+ days, and my cosigner is threatening action against me, for negative reporting, refusal to give him my cell phone number, and inability to get a new loan for himself.

Now, I'll agree if this was about previous deliquency, but he said nothing about it then, instead waiting almost 8 months later to tell me about further action. I am more concerned about the issues and trouble this will cause if I am taken to court, so I am curious what rights I have, and if he can take me to court at all.

Thanks in advance!!
 
Your rights are to pay the loan and quit coming up with pathetic excuses to justify your deadbeat ways.

Your friends rights would be to pay the loan to keep his credit good, then turn around and sue you in small claims.

Gail
 
I asked for advice, not blame. I was unemployed, not making excuses. My company closed, it was through no fault of mine. I'm not a deadbeat, I paid the loan back to current plus more. I make extra payment each month to keep it stable. My cosigner did not pay anything towards it, he refused to since it was my debt, nor did I ask him to. I had let other things fall behind to pay this single account.
 
Actually, you are making quite a few excuses...and then, ironically, wondering what your rights are. And you are not current on your loan; your initial email states you are 15 days behind.

Look at it from your friends perspective (you know, the person who co-signed the loan because he thought at the time you were a responsible person). You don't give him your phone number, you conveniently "forget" about the loan payment; your buddy attempts to take a loan out himself and is blocked from doing so...and you wonder why he's upset and threatening legal action against you?

Pay the loan amount, send notification of such to your (likely ex) friend and spend a good deal of groveling time apologizing to him.

Gail
 
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